IP Law Daily, COPYRIGHT NEWS: Notice of inquiry initiating study of Copyright Claims Board issued by Copyright Office, (Mar 10, 2025)

By Linda O’Brien, J.D., LL.M.

To inform the study, the Office seeks public comments on the operations of the CCB, including its use and efficacy.

The U.S. Copyright Office has issued a notice of inquiry initiating a study of the Copyright Claims Board (CCB), as required by the Copyright Alternative in Small-Claims Enforcement (CASE) Act (90 Fed. Reg. 11625, March 10, 2025). Initial written comments must be received by May 9, 2025 and written reply comments must be received by June 23, 2025. Upon completion, the study will be delivered to Congress no later than February 2026.

After three years of the CCB’s operations, the Office is required to complete a study on issues pertaining to the CCB and report to Congress on the efficacy of the system, including with respect to eligible works and claims, damages limitations, fee shifting authority, identification of unknown infringers, and possible inclusion of mediation or similar alternative dispute resolution services. The specific subjects to be included in the study are identified in the CASE Act, however, the Register of Copyrights has discretion to study other matters that may be pertinent to the CCB.

The list of the additional questions to expand on and topics to supplement in the study that have been identified by the Register are: (1) the use and efficacy of the CCB in resolving copyright claims, including the number of proceedings the CCB could reasonably administer; (2) are there any aspects of other small claims tribunals, including models and procedures, that should be considered for the CCB?; (3) are there ways that the CCB can be made more accessible and user friendly, including for self-represented parties?; (4) are there any changes that could be made to improve the default process or reduce the incidence of defaults while adequately preserving respondents’ rights and ensuring the timely processing of claims?; (5) are the statutory and regulatory rules for addressing bad faith actors working as intended?; (6) are there any changes that could be made to improve the ability of claimants to enforce determinations?; (7) whether adjustments to the CCB’s authority are necessary or advisable with respect to eligible claims, eligible types of works, and applicable damages limitations; (8) what additional mechanisms should the CCB adopt to assist claimants in ascertaining the identify and location of unknown online infringers and should the CCB be granted subpoena power to assist parties in identifying or locating potential respondents?; and (9) whether the CCB should be expanded to offer mediation or other nonbinding alternative dispute resolution services to interested parties.

The notice of inquiry and instructions on how to submit comments are available on the Copyright Office website.

News: Copyright TechnologyInternet